[Cites 4, Cited by 0]
Rajasthan High Court - Jodhpur
Mahesh Banjara vs State Of Rajasthan (2026:Rj-Jd:6153) on 3 February, 2026
[2026:RJ-JD:6153]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 917/2026
1. Mahesh Banjara S/o Heera Ji Rebari, Aged About 34
Years, R/o Bhalelav Road, District Pali
2. Hitesh S/o Sh. Lada Ji Dewasi, Aged About 27 Years, R/o
Bhalelav Road, District Pali
3. Rahul S/o Sh. Ram Chandra, Aged About 19 Years, R/o
Bhalelav Road, District Pali
4. Dinesh S/o Bhanaram, Aged About 18 Years, R/o Bhalelav
Road, District Pali
----Petitioners
Versus
1. State Of Rajasthan, Through Public Prosecutor
2. Tarachand S/o Sh. Bhawarlal, R/o 1255, Sosayati Nagar
Pali, Odhyogik Kshetra, Pali, Rajasthan
----Respondents
For Petitioner(s) : Mr. JP Bhardwaj
For Respondent(s) : Mr. Ramesh Dewasi, PP
Mr. Gaurav Solanki, for complainant
HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU
Order
03/02/2026
The present criminal misc. petition under Section 528 BNSS
has been filed by the petitioners for quashing of FIR No.279/2025
registered at Police Station, Odyogik Kshetra, District Pali for the
offences under Sections 189(2), 115(2) & 126(2) of BNS, 2023
and under Sections 3(1)(r)& 3(1)(S) 3(2)(va) of SC/ST Act.
Learned counsel for the petitioner submits that during
investigation in the matter, compromise has been arrived at
between both the parties and they have settled their dispute
amicably.
Compromise-deed dated 20.01.2026 is placed on record.
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Learned counsel for the complainant does not dispute the
factum of compromise arrived at between the parties.
The Hon'ble Apex Court while answering a reference in the
case of Gian Singh Vs. State of Punjab & Anr. reported in JT
2012(9) SC - 426 has held as below:-
"57. The position that emerges from the above
discussion can be summarised thus: the power of the
High Court in quashing a criminal proceeding or FIR or
complaint in exercise of its inherent jurisdiction is
distinct and different from the power given to a criminal
court for compounding the offences under Section 320 of
the Code. Inherent power is of wide plenitude with no
statutory limitation but it has to be exercised in accord
with the guideline engrafted in such power viz; (i) to
secure the ends of justice or (ii) to prevent abuse of the
process of any Court. In what cases power to quash the
criminal proceeding or complaint or F.I.R may be
exercised where the offender and victim have settled
their dispute would depend on the facts and
circumstances of each case and no category can be
prescribed. However, before exercise of such power, the
High Court must have due regard to the nature and
gravity of the crime. Heinous and serious offences of
mental depravity or offences like murder, rape, dacoity,
etc. cannot be fittingly quashed even though the victim
or victim's family and the offender have settled the
dispute. Such offences are not private in nature and
have serious impact on society. Similarly, any
compromise between the victim and offender in relation
to the offences under special statutes like Prevention of
Corruption Act or the offences committed by public
servants while working in that capacity etc; cannot
provide for any basis for quashing criminal proceedings
involving such offences. But the criminal cases having
overwhelmingly and pre-dominatingly civil flavour stand
on different footing for the purposes of quashing,
particularly the offences arising from commercial,
financial, mercantile, civil, partnership or such like
transactions or the offences arising out of matrimony
relating to dowry, etc. or the family disputes where the
wrong is basically private or personal in nature and the
parties have resolved their entire dispute. In this
category of cases, High Court may quash criminal
proceedings if in its view, because of the compromise
between the offender and victim, the possibility of
conviction is remote and bleak and continuation of
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[2026:RJ-JD:6153] (3 of 3) [CRLMP-917/2026]
criminal case would put accused to great oppression and
prejudice and extreme injustice would be caused to him
by not quashing the criminal case despite full and
complete settlement and compromise with the victim. In
other words, the High Court must consider whether it
would be unfair or contrary to the interest of justice to
continue with the criminal proceeding or continuation of
the criminal proceeding would tantamount to abuse of
process of law despite settlement and compromise
between the victim and wrongdoer and whether to
secure the ends of justice, it is appropriate that criminal
case is put to an end and if the answer to the above
question(s) is in affirmative, the High Court shall be well
within its jurisdiction to quash the criminal proceeding."
Keeping in view observations made by Hon'ble Supreme
Court in Gian Singh's case (supra), this Court is of the opinion
that it is a fit case wherein criminal proceedings pending against
the petitioners can be quashed while exercising powers under
Section 528 of BNSS.
Accordingly, the present criminal misc. petition is allowed.
FIR No.279/2025 registered at Police Station, Odyogik Kshetra,
District Pali for the offences under Sections 189(2), 115(2) &
126(2) of BNS, 2023 and Section 3(1)(r)& 3(1)(S) 3(2)(va) of SC/
ST Act as well as the entire other proceedings pending against the
petitioners is hereby quashed and set aside.
Stay application and all pending application, if any, stands
disposed of accordingly.
(BALJINDER SINGH SANDHU),J
117-Sanjay/-
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